New H-1B and Change of Status - Checklist

** Allow 4 to 6 months for processing **

Use this checklist when the applicant is in the U.S. in another valid visa status,

‰ 3 copies of all materials from “New H-1B – Checklist”

‰ Labor Condition Application materials
‰ OIE H-1B Request Form
‰ Fee of $320
‰ Anti fraud fee of $500
‰ H-1B Department Request letter
‰ Letter regarding return transportation
‰ Academic documents
‰ Original statement from scholar re: authenticity of documents
‰ Curriculum vitae or resume
‰ Letters of recommendation

‰ If the change is from F-1 (student) status, provide 3 copies of:

• most recent F-1 visa stamp and
• all I-20’s (both sides) including the most recent SEVIS I-20 documents (3 pages)
• the EAD (employment authorization) card (if any)
• I-94 departure card (found in passport)

‰ If the change is from J-1 status, provide 3 copies of:

• a copy of the DS-2019 forms
• a copy of the most recent visa stamp, and
• I-94 departure card (found in passport)
• if the individual was subject to the “2 year home residency requirement,” submit written
notification of the statement of no objection from the US Department of State or the
waiver from the USCIS

‰ Family Information (if any). Dependents (spouse and unmarried children under 21) of H-
1B’s who are in the U.S. file an change of status application together with the H-1B petition
unless they have and will maintain their own non-immigrant status, independent of the H1B
scholar.

Send an original and one copy of the following:

• Completed and signed Form I-539 Petition for Change of Status (http://uscis.gov),
• A copy of the I-94 card (front and back) for each dependent,
• For F-2 dependants, copies of the F-2 I-20 documents (front and back)
• For J-2 dependants, copies of the J-2 DS-2019 documents (front and back)
• Marriage License (if available) in English or with English translation,
• Fee of $300 (regardless of the number of dependents filing)--check or money order
made payable to “US Citizenship and Immigration Services” or “USCIS.” This fee
is in addition to the $320 and $500 fees for the primary H-1B application and
should be paid by a separate, individual check.

Updated 08/2007